LAWS(NCD)-2017-3-103

M/S. LOKNATH Vs. GOUTAM DASGUPTA @ DAS SHARMA

Decided On March 17, 2017
M/S. Loknath Appellant
V/S
Goutam Dasgupta @ Das Sharma Respondents

JUDGEMENT

(1.) The owners of a plot of land bearing no.14, comprised in Mouza Dum Dum House, J.L. No.19, Dag No.254, under the Khatian No.47, being Municipal Holding No.38, Rashtraguru Avenue, under the Ward No.8 of the South Dum Dum Municipality including the complainant Sh. Goutam Dasgupta entered into an agreement for construction of residential flats on the aforesaid plot by the petitioner. In the original agreement, the complainant was to receive a residential flat measuring about 750 sq. ft. of super built-up area, in the proposed building. The complainant thereafter entered into a supplementary agreement whereby it was agreed that instead of a 750 sq. ft. flat, he will get a flat having a super built-up area of 900 sq. ft. along with a non-refundable amount of Rs.30,00,000/-. The case of the complainant is that though a flat measuring 900 sq. ft. was provided to him, he was made to pay an additional amount of Rs.10 lacs for the said flat. He also alleged that out of the amount of Rs.30 lacs, which was to be paid to him in terms of the supplementary agreement, only a sum of Rs.20 lacs was paid to him leaving a balance of Rs.10 lacs. He also alleged that there were certain defects in the flats made available to him by the petitioner. He therefore, approached the concerned District Forum by way of a consumer complaint.

(2.) The District Forum vide its order dated 11.03.2015, allowed the complaint with the following directions:

(3.) Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed, he is before this Commission by way of this revision petition.